Kerala High Court
Ashokan vs State Of Kerala on 14 July, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
CRL.MC NO. 4781 OF 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 4781 OF 2020
CRIME NO.1190/2016 OF VADAKARA POLICE STATION, KOZHIKODE
CC NO.602 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS, VADAKARA
PETITIONERS/1ST AND 2ND ACCUSED:
1 ASHOKAN
AGED 58 YEARS
S/O.KUMARAN, MEDAPPALLY HOUSE,
VILLYAPILLY AMSOM, VILLYAPILLY P.O.,
VATAKARA, KOZHIKODE DISTRICT
PIN-673 542
2 MAPALLI CHANDRI
AGED 64 YEARS
D/O.KUMARAN,
PURANTHAZHATHU THAZHAKUNI HOUSE,
MAKKUL PEEDIKA P.O., PIN-673 104
BY ADVS.
SRI.C.BHASKARAN
SHRI.NIKHIL K GOPINATH
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RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM PIN-682 031
2 PREMI @ PRAMILA
W/O.BHALACHANDRAN, AGED 50 YEARS,
SHIVADA HOUSE, VALLIYUR,
NOCHAD P.O., KOYLANDI-673 614
BY ADVS.
SRI.MANUEL KACHIRAMATTAM
SMT.MERRY GEORGE
OTHER PRESENT:
SRI.SANGEETHA RAJ.N.R-PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
14.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
This Crl.M.C. has been filed to quash Annexure A2 final
report and all further proceedings in C.C.No.602 of 2017 on the
files of the Judicial First Class Magistrate Court, Vatakara,
Kozhikode District (for short, 'the trial court') against the
petitioners.
2. The petitioners are accused Nos. 1 and 2 and the
respondent No.2 is the defacto complainant in C.C.No.602 of
2017 on the files of the trial court. The case arose out of a private
complaint filed by the respondent No.2 against the petitioners.
Annexure A1(6) is the private complaint. Annexure A1(6) private
complaint was forwarded by the Magistrate to the police for
investigation under Section 156(3) of Cr.P.C. The police
registered Annexure A1 FIR and after investigation, filed
Annexure A2 final report against the petitioners alleging offences
punishable under Sections 420, 468 and 471 r/w Section 34 of
the IPC.
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3. The petitioners and the respondent No.2 are siblings.
The prosecution allegation in Annexure A2 final report is that the
grandmother of the petitioners and the respondent No.2 namely
Matha gifted 5.6 Ares of land that belonged to her in favour of
the petitioner No.1 as per registered gift deed No.999/1972 of
SRO, Villiappally. Thereafter, the petitioner No.1 assigned the
property covered by the said document in favour of the petitioner
No.2 as per registered document No.1473/2005. The case of the
prosecution is that while assigning so, the petitioner No.1, in
collusion with the petitioner No.2, had shown the extent of the
land as 7.82 Ares instead of the correct extent of 5.6 Ares. It is
alleged that the said act on the part of the petitioners amounts to
forgery and it was done with the intention to cheat the
respondent No.2.
4. I have heard Sri.C.Bhaskaran, the learned counsel for
the petitioners, Sri.Manuel Kachiramattam, the learned counsel
for the respondent No.2 and Sri.Sangeetha Raj.N.R., the learned
Public Prosecutor.
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5. The learned counsel for the petitioners submitted that
the allegations in the private complaint and the final report, even
if they are taken at their face value and accepted in their entirety,
do not prima facie constitute an offence or make out any case
against the petitioners. Per contra, the learned counsel for the
respondent No.2 and the learned Public Prosecutor submitted
that there are materials on record to connect the petitioners with
the crime, and when a prima facie case is made out, the
jurisdiction vested with this Court under Section 482 of Cr.P.C.
cannot be invoked.
6. As stated already, the parties are closely related. The
petitioners and the the respondent No.2 are siblings. The gift
deed in question was executed by their grandmother in favour of
the petitioner No.1 and the extent shown in the said gift deed is
5.6 Ares. Admittedly, the property covered by the gift deed was
assigned by the petitioner No.1 in favour of the petitioner No.2.
While so, the extent was shown as 7.82 Ares. This is the only
allegation. The said allegation, even if accepted in its entirety,
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would not constitute an offence of either cheating or forgery.
There is no case of creation of any false document. The dispute
regarding the extent of the property conveyed is only a civil
dispute. That apart, Annexure A3 would show that a civil suit was
filed by the petitioner No.2 against the respondent No.2 for a
permanent prohibitory injunction in respect of 7.82 Ares of land
covered by the document No.1473/2005 of SRO, Vatakara,
before the Munsiff Court, Vatakara as O.S.No.188 of 2016. In the
said suit, a contention was taken by the respondent No.2 that as
per the document mentioned above, the petitioner No.2 had
derived the title only over 5.6 Ares of land and the extent had
been fraudulently shown as 7.82 Ares in the document. But the
said contention was rejected and a decree for injunction in
respect of the entire 7.82 Ares was granted. It is submitted that
the said decree has become final. Therefore, the offences under
Sections 420, 468 and 471 r/w Section 34 of the IPC are not at all
attracted against the petitioners. No prima facie case has been
made out. In these circumstances, no useful purpose will be
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served by allowing the criminal prosecution against the
petitioners to continue. Hence, Annexure A2 final report and all
further proceedings in C.C.No.602 of 2017 on the files of the
Judicial First Class Magistrate Court, Vatakara, Kozhikode
District against the petitioners are hereby quashed.
Crl.M.C. is, accordingly, allowed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
APA/AS
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PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 7.9.2016 IN CRIME
NO.1190/2016 OF THE VATAKARA POLICE
STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
FINAL REPORT NO.622/2017 DATED 18.3.2017
ANNEXURE A3 CERTIFIED COPY OF THE JUDGMENT DATED
24.8.2017 IN O.S.NO.188 OF 2016 BEFORE
THE MUNSIFF COURT, VATAKARA.
